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E2 Visa Lawyer Application Process: Step-by-Step Guide
If you're a startup company and you want to bring foreign employees to the U.S. on an E-2 visa, you may want to consider working with an immigration lawyer who specializes in the E-2 visa Lawyer Application process. Here's a step-by-step guide to the E-2 visa process with a lawyer:
In the following sections, we will discuss the key steps in the E-2 visa application process for startup companies working with an E2 visa lawyer.
We will also cover everything from finding a lawyer to handling changes in employment or business ownership. By the end of this guide, you will have a better understanding of what to expect when working with an E2 visa lawyer for your startup company.
Overview:
- Introduction e2 Visa Lawyer
- Step 1: Find an E-2 visa lawyer
- Step 2: Initial Consultation with the lawyer
- Step 3: Gathering Documentation
- Step 4: Preparing and Submitting the E-2 Visa Application
- Step 5: Attending the Consular Interview
- Step 6: Receiving the E-2 Visa
- Step 7: Maintaining E-2 Visa Status
- Step 8: Renewing the E-2 Visa
- Step 9: Handling Changes in Employment or Business Ownership
- Step 10: Conclusion
Introduction e2 Visa Lawyer.
Here's a Breakdown for e2 Visa Lawyer Requirements:
- The foreign national must be a citizen of a treaty country with which the U.S. maintains a treaty of commerce and navigation.
- Additionally, the foreign national must be coming to the U.S. to develop and direct the operations of a U.S.-based business in which they have invested a substantial amount of capital.
- Your E-2 visa lawyer should be a skilled communicator, able to explain complex legal concepts in plain language and respond promptly and professionally to your questions and concerns. They should also be able to communicate effectively with USCIS and other government agencies on your behalf.
Important Notice:
Step 1 of the E2 Visa Lawyer Process – Find an E-2 visa lawyer
- Ask for referrals: Ask other business owners or colleagues who have gone through the E-2 visa process for referrals. They may be able to recommend a lawyer who they had a positive experience with.
- Use online directories: There are several online directories that can help you find an E-2 visa lawyer in your area. Some examples include the American Immigration Lawyers Association (AILA) and Martindale-Hubbell.
- Research lawyers' backgrounds: Once you have a list of potential lawyers, research their backgrounds and experience with E-2 visas. Look for reviews from previous clients and check their success rates with E-2 visa applications.
- Schedule consultations: Schedule consultations with a few different lawyers to get a sense of their approach and communication style. Choose a lawyer who you feel comfortable working with and who is responsive to your questions and concerns.
- Consider the lawyer's fees: E-2 visa lawyers typically charge fees for their services. Consider the lawyer's fees when making your decision, but don't choose a lawyer based solely on cost. It's important to choose a lawyer who is experienced and who you feel confident can help you with your E-2 visa application.
Important Notice:
Not all immigration lawyers have experience with E-2 visas, so it's crucial to choose a lawyer who specializes in this area. E-2 visa applications can be complex, and there are specific requirements that must be met, so working with an experienced lawyer can increase the chances of a successful application.When scheduling consultations with potential E-2 visa lawyers, be sure to ask about their experience working with startup companies.Startup companies may have unique challenges when it comes to E-2 visa applications, such as meeting the investment requirement, so it's essential to work with a lawyer who understands these challenges and can provide guidance.Additionally, be sure to ask about the lawyer's availability and communication style. You want to work with a lawyer who is responsive and can answer your questions and concerns promptly.Overall, finding the right e2 visa lawyer is crucial for startup companies looking to bring foreign employees to the U.S. on an E2 visa. Take the time to research potential lawyers and schedule consultations to find the best fit for your business.
Step 2 of the E2 Visa Lawyer Process – Initial Consultation with the lawyer.
- Bring relevant documents: Bring any relevant documents related to your business and investment, such as business plans, financial statements, and bank statements. These documents will help the lawyer understand your business and investment goals.
- Be prepared to discuss your business: Be prepared to discuss your business in detail, including your industry, target market, and future plans. This information will help the lawyer determine whether you meet the E-2 visa requirements.
- Ask questions: Use the initial consultation as an opportunity to ask the lawyer questions about their experience with E-2 visas and their approach to working with startup companies.
- Discuss fees: Ask the lawyer about their fees for E-2 visa services and what is included in those fees. You want to have a clear understanding of the costs associated with working with the lawyer.
- Evaluate the lawyer: Evaluate the lawyer's communication style and responsiveness during the consultation. You want to work with a lawyer who is responsive and can answer your questions promptly.
Important Note:
It's essential to use the initial consultation as an opportunity to discuss your business plans and investment goals with the lawyer. The lawyer will review the specifics of your business plan and evaluate whether it meets the E-2 visa requirements. They will also analyze your investment to determine if it is sufficient to qualify for the visa.After the consultation, the lawyer may recommend that you take specific steps to improve your application's chances of success. For example, they may suggest additional investment or changes to your business plan to better align with E-2 visa requirements.Finally, the lawyer will provide a clear understanding of their fees and what services they will provide as part of their representation. They will also explain the timeline for the e2 visa application process and what to expect at each stage.Overall, the initial consultation is an essential step in the E-2 visa application process. It is an opportunity to gather information, ask questions, and determine whether the lawyer is a good fit for your business. Be sure to come prepared with relevant documents and be ready to discuss your business in detail.
Step 3 of the e2 Visa Lawyer Process – Gathering documentation
- Business plan: A detailed business plan that outlines your business model, target market, financial projections, and how you plan to create jobs for U.S. workers.
- Investment documentation: Documentation that shows the source of the investment funds and that the investment meets the E-2 visa requirements. This may include bank statements, tax returns, and proof of ownership or control of the investment funds.
- Corporate documents: Documents that prove the existence of your business, such as articles of incorporation or partnership agreements.
- Employee documents: If you are bringing foreign employees to the U.S. on an E-2 visa, you will need to provide documentation about the employee, such as their resume, education certificates, and work experience.
- Market research: Documentation that shows the viability of your business in the U.S. market, such as market research reports or surveys.
- Other documentation: Other documentation that may be required, depending on your specific business and investment, such as licenses, permits, or contracts.
- It's essential to work closely with your e2 visa lawyer to ensure that you have all the necessary documentation for the application. The lawyer will review the documentation to ensure that it meets the e2 visa requirements and advise you on any additional documentation that may be needed.
Important Notice:
that all documents submitted as part of the e2 visa application must be in English or accompanied by a certified English translation. If you need to have documents translated, it's essential to work with a certified translator to ensure accuracy.It's also crucial to keep all documentation organized and in one place to make the application process as smooth as possible. You may want to create a folder or electronic file to store all the necessary documents for your E-2 visa application.Finally, it's important to remember that the documentation requirements for the E-2 visa may vary depending on the country of origin of the investor. Your lawyer will have the most up-to-date information on the specific requirements for your country.In summary, gathering documentation is a critical step in the e2 visa application process. Work closely with your E-2 visa lawyer to ensure that you have all the necessary documentation and that it meets the requirements of the visa. Be sure to keep all documentation organized and in one place to make the application process as smooth as possible.
Step 4 of the e2 Visa Lawyer Process – Preparing and submitting the E-2 visa application.
- Complete the forms: The E-2 visa application requires completion of several forms, including the DS-160 Nonimmigrant Visa Application and the DS-156E Treaty Investor Application. Your lawyer will guide you through the process of completing these forms accurately.
- Compile the documentation: You will need to compile all the necessary documentation that you gathered in the previous step. Make sure that all the documents are organized, and follow the guidelines provided by the U.S. Embassy or Consulate where you will be submitting your application.
- Pay the application fee: You will need to pay the required E-2 visa application fee before submitting your application. The fee varies depending on the country of origin, so check with the U.S. Embassy or Consulate for the current fee.
- Submit the application: Once you have completed the forms, compiled the documentation, and paid the application fee, you are ready to submit your application. You will typically submit your application at the U.S. Embassy or Consulate in your country of origin.
- Attend the visa interview: After you have submitted your application, you will need to attend a visa interview at the U.S. Embassy or Consulate. During the interview, the consular officer will ask you questions about your business and investment, so it's important to be prepared.
- Wait for a decision: After the interview, you will need to wait for a decision on your application. The processing time for the E-2 visa can vary depending on the country of origin and the complexity of the application.
Important Notice:
Step 5 of the e2 Visa Lawyer Process – Attending the consular interview
- Be prepared: Before the interview, review your application and all supporting documents carefully. Make sure you understand the details of your business and investment, as well as your plans for conducting business in the United States. Your lawyer can help you prepare for the interview by providing guidance on the types of questions you may be asked and how to best answer them.
- Dress professionally: Dress in professional attire for the interview. This will help demonstrate that you take the process seriously and are prepared for the responsibilities of conducting business in the United States.
- Be honest and straightforward: Answer all questions honestly and straightforwardly. Do not embellish or overstate the details of your business or investment. The consular officer is experienced at detecting falsehoods or exaggerations and may view them negatively.
- Speak clearly and confidently: Speak clearly and confidently during the interview. Make eye contact with the consular officer and speak in a professional tone.
- Be concise: Be concise in your answers, providing the necessary details without going into unnecessary detail. This will help ensure that your answers are clear and focused.
- Bring additional documentation: You may wish to bring additional documentation to the interview to support your application. However, be aware that the consular officer may not have time to review all of it during the interview.
- Stay calm and composed: Finally, stay calm and composed during the interview. Don't get defensive or argumentative if the consular officer asks tough questions. Remember that the interview is a normal part of the application process and that the officer is simply doing their job.
Important Note:
Step 6 of the e2 Visa Lawyer Process – Maintaining E-2 visa status
- Abide by the terms of your visa: Make sure you understand the terms of your E-2 visa and comply with all of its requirements. This includes limitations on the types of activities you can engage in while in the United States, the duration of your stay, and the need to maintain your investment and business operations.
- Keep your visa and passport up to date: Make sure your E-2 visa and passport remain valid throughout your stay in the United States. If either document expires, you may need to leave the country and reapply for a new visa or passport.
- Stay in the United States for no more than 6 months per year: E-2 visa holders are allowed to stay in the United States for up to 2 years at a time, but must leave the country and re-enter every 6 months. Failing to leave the United States after 6 months can result in a loss of your visa status.
- Maintain your investment and business operations: You must continue to maintain your investment and business operations while in the United States in order to remain eligible for the E-2 visa. This includes maintaining a business presence in the United States, employing U.S. workers (if applicable), and generating revenue from your investment.
- Report any changes to USCIS: If there are any changes to your business, investment, or personal circumstances (such as a change of address or marital status), you must report these changes to USCIS in a timely manner. Failure to do so could jeopardize your visa status.
- Seek legal advice: If you have any questions or concerns about maintaining your E-2 visa status, seek advice from an experienced immigration lawyer. They can help ensure that you remain in compliance with all requirements and help you navigate any issues that may arise.
Important Notice:
Step 7 of the e2 Visa Lawyer Process – Renewing the E-2 visa
- Determine eligibility: To be eligible for an E-2 visa extension, you must continue to meet the requirements of the visa, including maintaining your investment and business operations in the United States. You will also need to demonstrate that you intend to depart the United States once your visa extension expires.
- Prepare and submit the application: You will need to submit a new Form DS-160, along with any required documentation and fees, to the U.S. embassy or consulate in your home country. You may also need to schedule an interview with a consular officer.
- Attend the consular interview: If required, attend the consular interview and provide any additional documentation requested by the consular officer. The officer will review your application and determine whether to grant your visa extension.
- Maintain your status: While your application is being reviewed, it's important to maintain your E-2 visa status by complying with all requirements, including the terms of your visa and any applicable U.S. immigration laws and regulations.
- Receive a decision: If your visa extension is granted, you will receive a new visa stamp in your passport, allowing you to remain in the United States for an additional period of time. If your application is denied, you will need to leave the United States before your current visa expires.
Important Note:
Step 8 of the e2 Visa Lawyer Process – Handling changes in employment or business ownership
- Employment changes: If you change employers while on an E-2 visa, you will need to file a new Form I-129 with U.S. Citizenship and Immigration Services (USCIS) to request a change of employer. The new employer will need to submit evidence demonstrating that they meet the requirements for an E-2 visa sponsor, including that they have made a substantial investment in a U.S. business and that they have the ability to direct and develop the business.
- Business ownership changes: If there is a change in ownership of the U.S. business that you have invested in, you will need to demonstrate that the new owner also meets the requirements for an E-2 visa. This may involve submitting documentation showing that the new owner has made a substantial investment in the business and has the ability to direct and develop the business.
- Maintain status during the transition: It's important to maintain your E-2 visa status throughout the employment or ownership transition. This may include obtaining a new visa stamp or applying for a visa extension, depending on the circumstances.
- Seek guidance from an immigration lawyer: If you are facing a change in employment or business ownership, it's important to seek guidance from an experienced immigration lawyer. They can help you understand your options and develop a strategy for maintaining your visa status throughout the transition.
- Keep records and stay organized: Throughout the transition, it's important to keep detailed records of all documentation and communications related to your E-2 visa status. This may include correspondence with USCIS, your employer, or the new business owner, as well as evidence of your investment in the U.S. business. By staying organized and maintaining comprehensive records, you can help ensure a smooth transition and avoid any misunderstandings or complications that could threaten your visa status.
- Be prepared for potential delays: Any change in employment or business ownership can involve delays or complications, and it's important to be prepared for these possibilities. By working with an experienced immigration lawyer and staying organized, you can minimize the risk of delays or complications and ensure that your visa status remains secure throughout the transition.
- Consider other visa options: In some cases, a change in employment or business ownership may make it difficult to maintain an E-2 visa. In these situations, it may be necessary to explore other visa options, such as an H-1B visa or an investor visa. An experienced immigration lawyer can help you evaluate your options and determine the best course of action to meet your needs.
Important Note:
Conclusion – E2 Visa Lawyer Application process.
How To apply for E2 Visa Lawyer – Application Guide:
Frequently Asked Questions (FAQs) E-2 Visa
What is an E-2 visa?
An E-2 visa is a non-immigrant visa that allows foreign entrepreneurs and investors to live and work in the United States while managing and operating a business in which they have made a substantial investment.
What are the eligibility requirements for an E-2 visa?
To be eligible for an E-2 visa, you must be a citizen of a country that has a treaty of commerce and navigation with the United States, and you must have invested a substantial amount of capital in a U.S. business in which you will be actively involved.
How much investment is required for an E-2 visa?
There is no set minimum investment amount for an E-2 visa, but the investment must be substantial relative to the total cost of the business. In general, an investment of at least $100,000 or more is recommended.
How long does the E-2 visa application process take?
The E-2 visa application process can vary in length depending on a variety of factors, such as the complexity of the case and the workload of the USCIS. In general, the process can take several months to a year or more.
Do I need an E-2 visa lawyer to apply for an E-2 visa?
While it is not required to hire an E-2 visa lawyer to apply for an E-2 visa, it is highly recommended. An E-2 visa lawyer can provide valuable guidance and support throughout the application process, increasing your chances of success.
How much does it cost to hire an E2 visa lawyer?
The cost of hiring an E-2 visa lawyer can vary depending on the lawyer's experience and expertise, the complexity of the case, and other factors. Some lawyers charge a flat fee for their services, while others charge an hourly rate.
How long does an E-2 visa last?
An E-2 visa can be issued for up to five years, and can be renewed indefinitely as long as the visa holder continues to meet the eligibility requirements.
Can I bring my family with me on an E-2 visa?
Yes, spouses and unmarried children under the age of 21 can accompany the E-2 visa holder to the United States on an E-2 dependent visa.
Can I work for a company other than the one I invested in on an E-2 visa?
No, an E-2 visa is specific to the business in which you have made a substantial investment, and you are only authorized to work for that business.
Can I apply for permanent residency with an E-2 visa?
While an E-2 visa is a non-immigrant visa, it is possible to apply for permanent residency (green card) through other means, such as employment-based sponsorship or family sponsorship. However, the E-2 visa itself does not provide a direct path to permanent residency.